LEE GREENBERG VS. JERRY BENJAMIN ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24612607 - October 9, 2025 Hearing date: October 9, 2025 Case number: CGC24612607 Case title: LEE GREENBERG VS. JERRY BENJAMIN ET AL Case Number: | | CGC24612607 | Case Title: | | LEE GREENBERG VS. JERRY BENJAMIN ET AL | Court Date: | | 2025-10-09 09:30 AM | Calendar Matter: | | MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND | Rulings: | | Real Property/Housing Court Motion calendar for October 9, 2025, line 4.

Defendant Karen Benjamin's Motion to Set Aside Default/Default Judgment/Leave to Defend is DENIED. Moving party fails to meet the burden for discretionary relief under CCP 473(b). Shapell Socal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 85 Cal.App.5th 198 is inapposite. See Kelly Declaration and e-mail communications attached thereto.

Request for CCP 128.7 sanctions is DENIED. No showing of compliance with CCP 128.7(c)(1).

The Court notes that 5 court days before the hearing defendant filed a document titled "Motion for Relief from Default..." Notwithstanding its title the document appears to be a reply (not a separate motion) and is considered as such. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom [Webinar ID: 160 560 5023; Password: 172849; Phone Dial in: (669) 254-5252]. Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |